| Alan R. Horvath, Attorney at Law |
Estate Litigation - Do you Have a Claim?
No Contest Clause
Much concern is often generated by so called “No Contest” clauses in a will or trust. Typically such a clause says that
anyone contesting the will or trust gets nothing. This clause is deliberately put in the document because the decedent did
not want his or her estate eaten up with attorney’s fees generated by disgruntled heirs. As such it should be respected,
and it is enforceable.
However, a “No Contest” clause is NOT protection for an administrator who is violating the terms of the document. The
forbidden contest is one in which you claim a right to a gift other than what is stated in the document. For example, if the
document says you get $50,000, but you think Dad verbally promised you $100,000, making a claim for the $100,000
would be a forbidden contest. A claim that the administrator’s behavior is in violation of his fiduciary duty is not a
forbidden contest based on the “No Contest” clause. Thus, if the will says you get $100,000, and the executor is trying to
give you only $50,000, your objection is NOT a contest that will cause you to loose the whole thing.
A successful challenge to the entire document would escape the no contest clause as it would be thrown out as well.
However, an unsuccessful challenge to the entire document would result in a forfeiture under the no contest clause.
anyone contesting the will or trust gets nothing. This clause is deliberately put in the document because the decedent did
not want his or her estate eaten up with attorney’s fees generated by disgruntled heirs. As such it should be respected,
and it is enforceable.
However, a “No Contest” clause is NOT protection for an administrator who is violating the terms of the document. The
forbidden contest is one in which you claim a right to a gift other than what is stated in the document. For example, if the
document says you get $50,000, but you think Dad verbally promised you $100,000, making a claim for the $100,000
would be a forbidden contest. A claim that the administrator’s behavior is in violation of his fiduciary duty is not a
forbidden contest based on the “No Contest” clause. Thus, if the will says you get $100,000, and the executor is trying to
give you only $50,000, your objection is NOT a contest that will cause you to loose the whole thing.
A successful challenge to the entire document would escape the no contest clause as it would be thrown out as well.
However, an unsuccessful challenge to the entire document would result in a forfeiture under the no contest clause.
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596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
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